Legal Studies Unit 2

Question 1

Fairness

Answer 1

In the criminal justice system, fairness means there should be fair legal processes and a fair hearing or trial

Question 2

Equality

Answer 2

Equality is the second principle of justice. All persons are treated equally regardless of certain attributes or characteristics, such as status, race, religion, sex, or culture.

Question 3

Access

Answer 3

Access means that all parties should be able to understand their legal rights, and should have the right to use the institutions, processes and systems that are used for criminal cases. Access to the court, information, advice and representation.

Question 4

The role of Police

Answer 4

To protect citizens, uphold and enforce the law. Police are involved in investigating crimes, apprehending offenders, protecting individuals and upholding law and order in the community.

Question 5

Two types of Police

Answer 5

Victoria Police and Federal Police

Question 6

Federal Police role

Answer 6

The role of Federal Police is similar to the role of police, additionally, their jurisdiction is to uphold and enforce Federal criminal laws.

Question 7

Delegated Bodies

Answer 7

Delegated Bodies are specialised government agencies, who have the authority from parliament to make and enforce laws within the area. - This is due to their specific area of expertise.

Question 8

Examples of Delegated Bodies

Answer 8

Vic Roads, Local Councils, WorkSafe Victoria, Australian Tax Office etc

Question 9

List three police powers

Answer 9

1. Question suspects
2. Search a person’s property
3. Arrest and detain some suspects
4. Caution minor offenders
5. Collect forensic evidence such as fingerprints, DNA

Question 10

Individuals have the right to… (4)

Answer 10

1. Remain silent
2. Be informed of the crime which they are suspected to have committed
3. An interpreter and legal representation when questioned by the police
4. Read statements taken by police during questioning

Question 11

The two main institutions in the criminal justice system

Answer 11

Police and the courts

Question 12

Role of the courts

Answer 12

To determine which accused persons are guilty of a crime and the imposing of a sanction if the accused is found guilty.

Question 13

Institutional powers

Answer 13

The powers given to investigative and prosecution agencies to carry out their job of enforcing the law

Question 14

The police’s institutional powers (3)

Answer 14

1. The right to arrest a suspect with or without a warrant
2. The right to obtain a person’s name and address
3. The right to question the alleged offender who is in custody

Question 15

The court’s institutional powers (3)

Answer 15

1. The right to decide which evidence is admissible, to determine the guilt of an offender and impose a sanction
2. In the pre-trial process, the prosecution can request that the offender remains in custody
3. The Office of Public Prosecutions has the right to prosecute the alleged offender, present evidence and witnesses.

Question 16

Individual rights

Answer 16

Individuals have a number of rights aimed at balancing and protecting against institutional powers

Question 17

Individual rights when dealing with police (5)

Answer 17

1. When an accused is arrested, they do not have to answer questions (other than name and address)
2. Anyone under 18 must have parent or guardian at time of questioning
3. The right to contact a friend or legal representative while in custody
4. The right to meet the lawyer in private
5. The right for the case to be brought forward in court in a timely manner.

Question 18

Individual rights in court proceedings (8)

Answer 18

1. The right to have a trial conducted by impartial third party
2. The right to have trial heard by impartial jury in indictable offences.
3. The right to have fair and consistent rules of evidence and procedure
4. The right to have a bail hearing
5. Presumption of innocence
6. The right to legal representation
7. The right to an interpreter
8. The right to present evidence, witnesses and cross-examine the prosecution’s witnesses

Question 19

Arrest

Answer 19

When the police hold a person in custody because they think they have broken the law.

Question 20

Questioning

Answer 20

When the police interview a possible suspect about the specific offence in which one has been arrested for. Although, the accused has the right to remain silent during this interview except for name and address

Question 21

Bail

Answer 21

Bail refers to the temporary release of a person arrested and charged with an offence while they wait for the hearing of their case in court.

Question 22

Coercive Questioning Orders

Answer 22

When the police interview a possible suspect about the specific offence in which one has been arrested for. Unlike regular questioning, in coercive questioning orders the accused no longer has right to remain silent during this questioning.

Question 23

Fingerprinting

Answer 23

Fingerprinting is when the police take fingerprints or samples of the body in order to use as evidence if one is charged with an offence. You must be over 15 with reasonable belief and force

Question 24

Original jurisdiction

Answer 24

The types of cases that can be heard by the court in the first instance.

Question 25

Appellate jurisdiction

Answer 25

The ability of a court to hear a case that has been appealed by a lower court in the hierarchy.

Question 26

The role of the courts in Victoria

Answer 26

To apply the laws of the parliament to the cases that come before them. To determine whether the accused is guilty or not guilty as a result of the evidence provided.

Question 27

The four reasons for a court hierarchy (4)

Answer 27

Appeals, specialisation, administrative convenience and precedent

Question 28

Appeal

Answer 28

A request made to a superior court to review as a result of a decision made by a lower court in the same hierarchy.

Question 29

Specialisation

Answer 29

The expertise of each of the courts in hearing certain types of cases. A court hierarchy delivers specialisation by providing a specific jurisdiction to each of the courts in the hierarchy.

Question 30

Administrative convenience

Answer 30

Administrative convenience comes from separating minor civil matters that are heard by lower courts from the more serious, complex and time-consuming cases that are heard in higher courts.

Question 31

Precedent

Answer 31

The doctrine of precedent ensures that decision of higher courts must be followed by those lower in the hierarchy.